Welcome to the July edition of Up to Date. Read on for a roundup of the latest news and developments in relation to employment and immigration.


Restrictive covenants: Supreme Court applies the "blue pencil" test to rescue an employer's non-compete covenant

In a welcome decision for employers, the Supreme Court has saved an employer's otherwise unenforceable non-compete covenant by severing and removing the part that was unreasonably wide and allowing the remainder of the clause to be enforced. Tillman v Egon Zehnder Ltd [2019] UKSC 32

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Government confirms extension of redundancy protection for pregnant women and new parents

The Government has confirmed that it will extend protection from redundancy to apply from the point a women tells her employer that she is pregnant until six months after she has returned to work. The same protection will apply to parents who have returned to work after adoption leave (for up to six months) and to parents who have returned to work after shared parental leave (for a period proportionate to the amount of leave taken and the threat of discrimination). The Government also intends to consult on extending the three month time limit for claims relating to discrimination, harassment and victimisation, including on grounds of pregnancy and maternity. Good Work Plan: Pregnancy and Maternity Discrimination Consultation Response (July 2019)

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Proposals to support families: Government launches consultation on parental leave 

The Government is consulting on ways to improve support to parents to balance work and family-life, including a potential shake-up of parental leave and pay, a new right to Neonatal Leave and Pay and greater transparency around employers' flexible working and family leave and pay policies. The consultation closes on 29 November 2019, with Chapters 2 and 3 (neonatal and transparency) closing on 11 October 2019. Good Work Plan: Proposals to support families

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Immigration update since Boris Johnson became Prime Minister

With the Brexit situation remaining uncertain, we explore developments in relation to the settlement scheme for EU workers, Tier 2 and the UK's future immigration system, including comments made by Boris Johnson since he became Prime Minister.

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Court of Appeal gives guidance on springboard injunctions

In the recent case of Forse & Others v Secarma Ltd and others [2019] EWCA Civ 215, the Court of Appeal has provided helpful guidance in relation to the ambit and scope of springboard injunctions.

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Helen Almond

Helen Almond

Senior Knowledge Lawyer, Employment & Incentives
Manchester

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